S.Amdt. 1314
What it does: Adds SEC. 1088. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES at the end of subtitle H of title XWhat it changes
1 change to S. 1867 · shown in the bill's text
Adds SEC. 1088. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES at the end of subtitle H of title X
Adds a sectionIn S. 1867 · Placed on Calendar Senate
Section 382 of title 10, United States Code, is amended by striking "biological or chemical" each place it appears in subsections (a) and (b).
Inserted: SEC. 1088. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES.
Inserted: (a) Increase in Maximum Age Limit for Positions Subject to FERS.--
Inserted: (1) Law enforcement officers and firefighters.--Section 3307(e) of title 5, United States Code, is amended--
Inserted: (A) by striking "(e) The" and inserting "(e)(1) Except as provided in paragraph (2), the"; and
Inserted: (B) by adding at the end the following:
Inserted: "(2) The maximum age limit for an original appointment to a position as a firefighter or law enforcement officer (as defined in section 8401(14) or (17), respectively) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay.".
Inserted: (2) Other positions.--The maximum age limit for an original appointment to a position as a member of the Capitol Police or Supreme Court Police, nuclear materials courier (as defined under section 8401(33) of such title), or customs and border protection officer (as defined in section 8401(36) of such title) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay.
Inserted: (b) Eligibility for Annuity.--Section 8412(d) of such title is amended--
Inserted: (1) in paragraph (1), by striking "or" at the end;
Inserted: (2) in paragraph (2), by adding "or" at the end; and
Inserted: (3) by inserting after paragraph (2) the following:
Inserted: "(3) after becoming 57 years of age and completing 10 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, customs or border protection officer, or any combination of such service totaling 10 years, if such employee--
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Inserted: "(A) is originally appointed to a position as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 1088(e) of the National Defense Authorization Act for Fiscal Year 2012; and
Inserted: "(B) on the date that original appointment met the requirements of section 3307(e)(2) of this title or section 1088(a)(2) of the National Defense Authorization Act for Fiscal Year 2012,".
Inserted: (c) Mandatory Separation.--Section 8425 of such title is amended--
Inserted: (1) in subsection (b)(1), in the first sentence, by inserting ", except that a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age" before the period;
Inserted: (2) in subsection (c), in the first sentence, by inserting ", except that a member of the Capitol Police eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age" before the period; and
Inserted: (3) in subsection (d), in the first sentence, by inserting ", except that a member of the Supreme Court Police eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age" before the period.
Inserted: (d) Computation of Basic Annuity.--Section 8415(d) of such title is amended--
Inserted: (1) in paragraph (1), by striking "total service as" and inserting "civilian service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, customs and border protection officer, or air traffic controller that, in the aggregate,"; and
Inserted: (2) in paragraph (2), by striking "so much of such individual's total service as exceeds 20 years" and inserting "the remainder of such individual's total service".
Inserted: (e) Effective Date.--This section (including the amendments made by this section) shall take effect 60 days after the date of the enactment of this Act and shall apply to appointments made on or after that effective date.
Original wording
At the end of subtitle H of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1314. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES.
(a) Increase in Maximum Age Limit for Positions Subject to FERS.--
(1) Law enforcement officers and firefighters.--Section 3307(e) of title 5, United States Code, is amended--
(A) by striking “(e) The” and inserting “(e)(1) Except as provided in paragraph (2), the”; and
(B) by adding at the end the following:
“(2) The maximum age limit for an original appointment to a position as a firefighter or law enforcement officer (as defined in section 8401(14) or (17), respectively) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay.”.
(2) Other positions.--The maximum age limit for an original appointment to a position as a member of the Capitol Police or Supreme Court Police, nuclear materials courier (as defined under section 8401(33) of such title), or customs and border protection officer (as defined in section 8401(36) of such title) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay.
(b) Eligibility for Annuity.--Section 8412(d) of such title is amended--
(1) in paragraph (1), by striking “or” at the end;
(2) in paragraph (2), by adding “or” at the end; and
(3) by inserting after paragraph (2) the following:
“(3) after becoming 57 years of age and completing 10 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, customs or border protection officer, or any combination of such service totaling 10 years, if such employee--
“(A) is originally appointed to a position as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 1088(e) of the National Defense Authorization Act for Fiscal Year 2012; and
“(B) on the date that original appointment met the requirements of section 3307(e)(2) of this title or section 1088(a)(2) of the National Defense Authorization Act for Fiscal Year 2012,”.
(c) Mandatory Separation.--Section 8425 of such title is amended--
(1) in subsection (b)(1), in the first sentence, by inserting “, except that a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age” before the period;
(2) in subsection (c), in the first sentence, by inserting “, except that a member of the Capitol Police eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age” before the period; and
(3) in subsection (d), in the first sentence, by inserting “, except that a member of the Supreme Court Police eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age” before the period.
(d) Computation of Basic Annuity.--Section 8415(d) of such title is amended--
(1) in paragraph (1), by striking “total service as” and inserting “civilian service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, customs and border protection officer, or air traffic controller that, in the aggregate,”; and
(2) in paragraph (2), by striking “so much of such individual's total service as exceeds 20 years” and inserting “the remainder of such individual's total service”.
(e) Effective Date.--This section (including the amendments made by this section) shall take effect 60 days after the date of the enactment of this Act and shall apply to appointments made on or after that effective date.
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Senate amendment submitted
November 18, 2011